Labor Ruling

Labor Ruling. I’m Greg Martin with today’s Fruit Grower Report.

Washington Farm Labor Association’s, Dan Fazio says a recent visit but the Department of Labor on a Burbank, Washington blueberry farm has prompted a court opinion on a 4th amendment right that calls for investigators to check in with farmers before questioning workers in packing houses, greenhouses and other structures.

FAZIO: But the judge said that there is an exception to the 4th amendment called the open fields exception which means that the 4th amendment does not apply when you are outside, and I guess federal investigators can wander into orchards whenever they want and literally grab workers without even informing management that they are on the property. 

The issue was brought to everyones attention by the owner at Burbank’s Blue Mountain Farms.

FAZIO: The farmer had already agreed to allow the interviews with workers, and they had worked out the ground rules with the farmer and the farmer’s attorney.  But the agency intentionally reneged on the deal, and went into court with declarations from farm worker advocates and told that same story about how farm workers are a vulnerable population and need special protections. 

Fazio says that while this ruling is likely to become precedent it is nevertheless a bad ruling for farmers and construction companies and anyone else who works outside. WAFLA has a management briefing posted on our website – www.wafla.org

That’s today’s Fruit Grower Report. I’m Greg Martin on the Ag Information Network.